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countryhorseman

Official OOIDA Press Release! Read carefully. Nothing is changing any time soon.

SPECIAL REPORT: Not just yet; court challenges delay HOS changesThursday, Sept. 13, 2007 – Nothing is going to change with the hours-of-service regulations on Friday, Sept. 14, thanks to a pair of legal challenges filed with the U.S. Court of Appeals for the District of Columbia Circuit.

Officials with the Owner-Operator Independent Drivers Association said that until FMCSA takes some sort of official action truckers should continue operating under the 11-hour driving rule and utilizing the 34-hour restart if needed.

The court handed down a decision on July 24 that granted Public Citizen’s petition to eliminate the 34-hour restart and 11-hour driving limit. At that time, the court also denied a petition submitted by the Owner-Operator Independent Drivers Association requesting the 14-hour on-duty clock be stopped when truckers use the split sleeper-berth provision and that sleeper-berth time be divided in segments smaller than an eight-consecutive-hour period and a two-hour period.

That decision was not to go into effect until mid-September.

Just before that deadline, the Owner-Operator Independent Drivers Association and the American Trucking Association filed separate legal challenges.

OOIDA requested that the court reconsider its opinion on certain hours-of-service rules. OOIDA asked the court to rehear portions of its July opinion on sleeper-berth provisions and the prohibition on drivers stopping the 14-hour clock to take short rest breaks and naps on two legal grounds.

The ATA filed a motion seeking to stay the court’s decision for eight months to allow the Federal Motor Carrier Safety Administration time to come up with a rule.

Both cases effectively delayed the Sept. 14 deadline for the court’s decision to go into effect.

“Nothing is going to happen on the 14th because the court has to make a determination regarding the rehearing and the stay. Until the court sorts out those two requests, nothing is going to happen. Everything is on hold,” said Charles Miller, a spokesman with the Department of Justice.

“I would love to tell you when something is going to happen, but right now we just don’t know,” Miller said. “We’re just waiting to hear from the court when they are going to review the various requests that have come in from different organizations.”

When it comes to complying with hours of service, no matter what happens in the U.S. Court of Appeals for the District of Columbia, changes to the regulations can only come from the FMCSA.

The court’s decision that vacated two portions of the regulation does not actually change the regulation. That’s FMCSA job. And, the court’s decision does not tell FMCSA what changes to make to the regulation. That’s up to FMCSA to decide how to accommodate the court’s ruling.

“The court’s ruling impacts the agency, not the truckers,” said OOIDA President and CEO Jim Johnston. “Truckers should continue operating the way you are until we see some sort of official action out of FMCSA.”

WildK9 · Joined: 28 Mar 2006 Posts: 1753 Location: Lewisville, Texas

Darn, and I managed to squeeze in a 34, between the time I left Chicago, yesterday afternoon and Memphis, TN this morning. :lol: :P

countryhorseman · Posted: Fri Sep 14, 2007 12:16 pm Post subject:

WildK9 wrote: Darn, and I managed to squeeze in a 34, between the time I left Chicago, yesterday afternoon and Memphis, TN this morning. :lol: :P

OH, did I mention the Black Box rule, ooops silly me! :D

WildK9 · Joined: 28 Mar 2006 Posts: 1753 Location: Lewisville, Texas

:lol: :lol: :lol:

mine's blue :P :lol: :lol:

like most things at Marten :D :P :wink:

Jackrabbit379 · Joined: 22 Oct 2005 Posts: 4741 Location: Wichita Falls,Tx

What does all that mean in English? :P

I did hear that the DOT fellers are gonna have all trucks, company, and owner operators, govern their trucks to 68mph, and carry the black boxes. :shock:

I can see the cow haulers doing this. :P

WildK9 · Joined: 28 Mar 2006 Posts: 1753 Location: Lewisville, Texas

Just paint yer black box blue and you'll be alright. Trust me. :wink: :P :lol:

Jackrabbit379 · Joined: 22 Oct 2005 Posts: 4741 Location: Wichita Falls,Tx

OK. Will do. :P
(we already have those stupid things) :?

countryhorseman · Posted: Fri Sep 14, 2007 2:21 pm Post subject:

Jackrabbit379 wrote: What does all that mean in English? :P

I did hear that the DOT fellers are gonna have all trucks, company, and owner operators, govern their trucks to 68mph, and carry the black boxes. :shock:

I can see the cow haulers doing this. :P

Basically I was just teasing, this time on the black box issue. Far as I know, only select companies will have them forced on them for the time being, mainly being the top 200 or so of the worst offenders.

But this, the governed speed limit, the Mexican Cross Border program, if we do not keep on our officials tails about what we want (need), it will get shoved down our throats, hard.

I think we should start making phone calls to have Mary Peters resign to start with, that would solve allot of these issues. I think she is secretly a member of Public Citizen, that would answer allot of questions on her policy making.

Malaki86 · Joined: 28 Aug 2004 Posts: 2020 Location: West Virginia

I'm glad they had that court filing today. I had to use all but 15mins of my 11hrs to make it home today...

tahawus · Joined: 03 Feb 2007 Posts: 70 Location: Long Island, NY

I think that if they govern all trucks that the highways will be locked up. It is bad enough now when jb and swift try to pass, imagine how it will be with all trucks goverened? Not to mention the extra money the states will loose from giving out less speeding tickets.

Raafi · Joined: 31 Aug 2007 Posts: 78

is it me, or what?

why do they want to change the 11hr rule or the 34hr restart in the first place?

this whole log book thing is for the birds anyway, someone told me only the usa canada and japan have log books

i guess the rest of the world has bodies and wrecked four wheelers strewn all over their roads

Raafi · Joined: 31 Aug 2007 Posts: 78

tahawus wrote: I think that if they govern all trucks that the highways will be locked up. It is bad enough now when jb and swift try to pass, imagine how it will be with all trucks goverened? Not to mention the extra money the states will loose from giving out less speeding tickets. i propose putting orange triangles on the back of jbhunt and swift trucks

they can ride with the amish

countryhorseman · Posted: Sat Sep 15, 2007 7:57 am Post subject:

Raafi wrote: is it me, or what?

why do they want to change the 11hr rule or the 34hr restart in the first place?

this whole log book thing is for the birds anyway, someone told me only the usa canada and japan have log books

i guess the rest of the world has bodies and wrecked four wheelers strewn all over their roads

A Group known as Public Citizen, which is the umbrella group of PATT, CRASH and a couple of others, sued the FMCSA over protocol violations in coming up with the current rules. One of Public Citizens sole purposes in Life is to make truck drivers lives, a living H%&$!

The court actually did not throw out the 11 and 34 hour provisions! The court ruled that the FMSCA did not follow the correct procedures, i.e. dot the i's and cross the t's, in publishing the current rules. OOIDA and the ATA have both filed petitions to have the rules reinstated that allowed the split sleeper berths, basically.

1 - join OOIDA, new membership is only $25.00 if you use a current members ID # or mention Dale Sommers or Bill Mack on the application. The are there to fight for the American Truck Driver. Not just Owner Operators, all truck drivers. The more members they have, the louder the voice in Washington.

2. Contact your senators and congressman and let your opinions be known. Although they are not directly involved in making the regulations of the FMCSA, they can put a bug in the ear of those that do.

3. Keep aprised of the status of the suits and what the FMCSA plans to do! They will be required to publish a notice of proposed rule making, that usually last 30 to 60 days <this was one of the faults the court ruled on. When that period comes up, get online, read the document carefully, it can be boring, but educational. Once you have read the document, sign in to the comments sections and leave your opinion. Be concise and to the point of what you are commenting on and your opinion on how it should be. DO NOT leave a one liner like "I do not approve" or "I hate these rules". And be courteous and professional in the comments. Those that rude or vulgar wording are automatically trashed. The comment periods are open to everyone, drivers, public, lawmakers, etc. It is up to us to adequately express our views and what we as drivers need.

I have more on this, but need to go out and get some chores done, Have a Nice Day all!

Raafi · Joined: 31 Aug 2007 Posts: 78

i was going to apply to OOIDA, until i heard that they supported this 68mph limiter and the black box thingamajig

but we have to do something, these people wont stop until truck driving becomes a minimum wage job

kc0iv · Joined: 03 Feb 2005 Posts: 1098 Location: Kansas City, MO

Raafi wrote: i was going to apply to OOIDA, until i heard that they supported this 68mph limiter and the black box thingamajig

but we have to do something, these people wont stop until truck driving becomes a minimum wage job

I suggest you find a new source for your information.

I can't say anything about 68 MPH directly but I do know OOIDA has been leading the way on keeping "black boxes" out of trucks. Doing a search of OOIDA website I found many comments in respect the lowering of truck speeds. In all that I read they are against any reduction of any truck speed that makes truck speed lower than auto speeds.

As far as "black boxes"

See:
http://www.ooida.com/at_issue/HOS/OOIDA_slams_EOBs.html
http://www.ooida.com/straight_talk/120104_EOBR_Comments.PDF

and many more. I suggest you search OOIDA website and enter "Black Box" and "MPH".

kc0iv

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